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In a dispute over West Side development, the First Department handed a victory to developers seeking to build a 39-story building on the block between West 65th and West 66th Street, and Columbus Avenue and Central Park West. (City Club of New York v. New York City Board of Standards and Appeals, 202 WL 3083700). Together with the First Department’s previous decision in favor of the developer in the 200 Amsterdam Avenue case (see, Paul D. Selver and James P. Power, “Appellate Division Overturns Supreme Court Order to Partially Demolish 55-Story Building” (New York Real Estate Law Reporter, May 2021), the City Club case highlights the extreme deference appellate courts accord BSA determinations interpreting New York City’s extraordinarily complex zoning scheme.
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Restrictive Covenant Enforceable Despite Permission By Successor Landowner
Insufficient Evidence of Street Dedication
Inadequate Notice to Mortgagee Voids Tax Sale
Court Reinstates Malpractice Claim Against Lawyer Alleged to Have Solicited Transfer of Title of Residence In Foreclosure
Notice of Pendency Provides Constructive Notice
Servient Owner Not Entitled to Alter Easement Location
Adverse Possession Defeats Co-Tenants’ Partition Action
Planning Board Took Requisite Hard Look Under SEQRA
Denial of Special Use Permit Upheld
Condemnation Invalid for Failure to Establish Public Purpose
Yellowstone Injunction Denied for Failure to Move on Time